Decision No. 05/2007/QD-BBCVT dated April 05, 2007 of the Ministry of Post and Telecommunications promulgating the Regulation on settlement of complaints and guidance on settlement of disputes between users and providers of post, delivery, telecommunications and internet services

DECISION

PROMULGATING THE REGULATION ON SETTLEMENT OF COMPLAINTS AND GUIDANCE ON SETTLEMENT OF DISPUTES BETWEEN USERS AND PROVIDERS OF POST, DELIVERY, TELECOMMUNICATIONS AND INTERNET SERVICES

THE MINISTER OF POST AND TELEMATICS

Pursuant to the April 27,1999 Ordinance on the Protection of Consumers 'Interests;

Pursuant to the May 25,2002 Ordinance on Post and Telematics;

Pursuant to the Governments Decree No. 69/2001/ND-CP of October 2, 2001, detailing the implementation of the Ordinance on the Protection of Consumers 'Interests;

Pursuant to the Government's Decree No. 90/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;

Pursuant to the Government's Decree No. 157/2004/ND-CP of August 18, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding post;

Pursuant to the Government's Decree No. 160/2004/ND-CP of September 3, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding telecommunications;

Pursuant to the Government's Decree No. 55/2001/ND-CP of August 23, 2001, on the management, provision and use of Internet services,

At the proposal of the chief inspector of the Ministry ofPost and Telematics,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on the settlement of complaints and the guidance on settlement of disputes between users and providers of post, delivery, telecommunications and Internet services.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- The chief inspector of the Ministry, the director of the Office, directors, and heads of agencies and units under the Ministry, directors of provincial/municipal Services of Post and Telematics, and organizations and individuals that deal in and use post, delivery, telecommunications and Internet services shall implement this Decision.

REGULATION

ON SETTLEMENT OF COMPLAINTS AND GUIDANCE ON SETTLEMENT OF DISPUTES BETWEEN USERS AND PROVIDERS OF POST, DELIVERY, TELECOMMUNICATIONS AND INTERNET SERVICES
(Promulgated together with Decision No. 05/2007/QD-BBCVT of April 5, 2007, of the Minister of Post and Telematics)

Chapter I

GENERAL PROVISIONS

Article 1- Scope of regulation

This Regulation provides for the order and procedures for settlement of operation-related complaints (below referred to as complaints for short) and guidance on settlement ofdisputes arising in the performance of contracts between users and providers ofpost, delivery, telecommunications and Internet services

Article 2. Subjects of applicationThis Regulation applies to: 1. Post, delivery, telecommunications and Internet service providers (below-referred to as service providers for short), including:

Enterprises and agents providing post, delivery, telecommunications and Internet services and lawfully operating in Vietnam.

2. Post, delivery, telecommunications and Internet service users (below referred to as service users for short), including:

a/ Organizations and individuals named as senders or addressees on mails, postal matters parcels

b/ Organizations and individuals named in service use contracts and direct users of services at service points of service providers or at agents lawfully operating in Vietnam.

3. State management agencies which guide the settlement of disputes between service users and service providers, including:

a/ The Inspectorate of the Ministry of Post and Telematics;

b/ Provincial/municipal Services of Post and Telematics.

Article 3.- Complainants or persons requesting settlement of disputes under this Regulation include

1. Service users defined in Clause 2, Article 2 of this Regulation.

2. At-law representatives of service users.

 3. Organizations protecting consumers' interests under authorization by service users.

Article 4.- Rights and obligations of complainants

1. Complainants may lodge their complaints about problems in the provided services in accordance with law.

2. Complainants who disagree with service providers' complaint settlement results may file a request for dispute settlement with competent state management agencies defined in Clause 1, Article

6 of this Regulation or initiate lawsuits at a competent court in accordance with law.

3. In exercising their right to complain, complainants are obliged to supply relevant papers, proofs or grounds and bear responsibility for their complaints, papers, proofs or grounds in accordance with law

Article 5.- Service providers' responsibility to settle complaints

1. To formulate their complaint settlement processes, publicly post them up at transaction places and report them to the Ministry of Post and Telematics.

2. To receive and consider complaints and give replies on the services already provided within the time limit specified in Article 12 of this Regulation.

3. To consider and settle complaints, and report complaint settlement results at the request of competent state management agencies.

Article 6.- Competent state management agencies' responsibility to guide the settlement of disputes

1. Provincial/municipal Post and Telematics Services shall guide the settlement ofdisputes which arise within their settlement scope and in geographical areas under their management.

2. The Post and Telematics Ministry's Inspectorate shall coordinate with the Ministry's relevant units and provincial/municipal Post and Telematics Services in guiding the settlement of disputes.

3. The guidance on dispute settlement must comply with Articles 20, 21, 22 and 23 of this Regulation.

Article 7.- Complaint settlement principles and dispute settlement guidance

1. Complaints shall be settled first through negotiation between the parties. When no agreement can be reached through negotiation, service providers shall take technical and operational measures to identify the causes, settle complaints and give replies to complainants.

2. The dispute settlement shall be guided on the principles of ensuring democracy, objectivity, equality and the lawful rights and interests of the disputing parties.

3. When the dispute settlement guidance fails, the disputing parties may initiate lawsuits at a competent court for settlement in accordance with law.

Chapter II

COMPLAINTS AND SERVICE PROVIDERS' SETTLEMENT OF COMPLAINTS

Article 8.- Complainant s may mak e oral complaints (even by phone) or send written complaints to service providers and request service providers to receive complaints in accordance with Article 11 of this Regulation.

Article 9.- Conditions for a complaint to be settled

1. The complainant must be among those subjects defined in Article 3 of this Regulation.

2. A complaint shall be lodged within the statute of limitations for lodging complaints specified in Article 10 of this Regulation.

Article 10.- Statute of limitations for lodging complaints

1. The statute of limitations for lodgin g complaints about domestic or international mails, postal matters or parcels is six (06) months from the date of sending.

2. The statute of limitation s for lodging complaints about telecommunications and Internet services is specified as follows:

a/ One (01) month from the date of receipt of the first notice or invoice on service-charge payment or from the date of payment of service charges, for complaints about service charges.

b/ Three (03) months from the date of use of services or from the date of commissio n of violations, for complaints about the service quality and other violations.

 Article 11.- Receipt of complaints

1. The service provider shall issue a paper certifying the receipt of a complain t to the complainant right after writing the complaint details or receiving the complaint.

2. When a complaint is sent by post, within two (02) working days after receiving the complaint, the service provide r shall notify in writin g the complainant of the receipt of the complaint; in case of refusal to receive the complaint, it shall clearly state the reasons therefor.

Article 12.- Time limit for settlement of complaints

1. Two (02) months from the date of receipt of a complaint, for domestic mails, postal matters or parcels.

2. Three (03) months from the date of receipt of a complaint, for international mails, postal matters or parcels.

3. Two (02) months from the date of receipt of a complaint, for telecommunications and Internet services.

Article 13.- Settlement of complaints and notification of complaint settlement results

1. The service provider shall consider and settle complaints within the time limit specified in Article 12 of this Regulation.

2. Disputes shall be settled in accordance with complaint settlement processes specified in Clause 1, Article 5 of this Regulation.

3. Upon the expiration of the time limit for settlement of complaints specified in Article 12 of this Regulation, the service provider shall give a written reply on the complaint settlement results to the complainant.

 Article 14.- The service provider shall pay compensations for damage caused by him/her/itself to the service user in accordance with law.

Article 15.- Settlement of complaints and notification of complaint settlement results at the request of competent state management agencies

1. Within ten (10) working days after receiving a written request from the competent state management agency defined in Article 21 of this Regulation, the service provider shall consider and settle the complaint and notify the complaint settlement results to the complainant and, at the same time, request the complainant to give his/ her opinions on the complaint settlement results within two (02) working days after receiving the notice.

2. Within two (02) working days after obtaining the complainant's opinions on the complaint settlement results, the-servicc provider shall send a written report to the competent state management agency, clearly stating:

a/ Developments of the case of complaint;

b/ Results of the first-time settlement of the enterprise's complaint (if any);

c/ Results of complaint settlement at the request of the state management agency;

d/ The complainant's opinions on the complaint settlement results.

Chapter III

STATE MANAGEMENT AGENCIES' GUIDANCE ON SETTLEMENT OF DISPUTES

Article 16.- Past the time limit for complaint settlement specified in Article 12 of this Regulation, if the complaint is not yet settled by the service provider or if the complainant disagrees with the service provider's complaint settlement results, the complainant may file an application for dispute settlement, enclosed with relevant papers and proofs, with a competent state management agency for settlement guidance.

Article 17.-An application for dispute settlement must state clearly, fully and truthfully the following:

1. Date of sending the application;

2. Full name, address and telephone number (if any) of the applicant;

3. Name and address of the service provider

4. The service provider's complaint settlement results (if any) and request to be responded to

Article 18.- Statute of limitations for guiding the settlement of disputes

The statute of limitations for guiding the settlement of disputes is thirty (30) days from the date the complainant receives the complaint settlement results from the service provider, or from the date of expiration of the time limit for settlement of complaints specified in Article 12, if the service provider fails to settle the complaint according to regulations.

Article 19.- Conditions for an application for dispute settlement to be processed and settled

1. The application meets the conditions specified in Articles 17 and 18 of this Regulation.

 2. The service provider involved in the dispute lawfully operates in Vietnam and has a clear identifiable address.

3. The applicant is among those subjects defined in Article 3 of this Regulation.

4. A lawsuit has not yet been initiated at court for settlement of the dispute.

Article 20.- Receipt of applications for dispute settlement

1. State management agencies defined in Clause 1, Article 6 of this Regulation shall receive applications for dispute settlement and grant papers certifying the receipt of the applications to the applicants if those applications fully meet the conditions specified in Article 19 of this Regulation. For applications which fail to meet the set conditions, the dispute settlement-guiding agency shall provide guidance for the applicants to satisfy such conditions.

2. When an application for dispute settlement is sent to the state management agency by post, within five (05) working days after receiving the application, the state management agency shall notify in writing the applicant of the receipt of the application. In case of refusal to receive such application, it shall clearly state the reasons therefor.

Article 21.- Request for dispute settlement

Within five (05) working days after receiving the application for dispute settlement, the dispute settlement-guiding agency shall send a written request (enclosed with a copy of the application and relevant documents and proofs) to the service provider for consideration and settlement and notify the dispute settlement results to the applicant in accordance with Article 15 of this Regulation.

Article 22.- Guidance for dispute settlement

1. When the applicant for dispute settlement disagrees with the service provider's dispute settlement results, the dispute settlement-guiding agency shall verify in order to clarify the legal grounds of the case and guide the two parties in negotiating and settling the dispute.

2. The dispute settlement shall be guided at the head office of the dispute settlement agency in the presence of at-law representatives of the service provider and service user defined in Article 3 of this Regulation. The guidance on dispute settlement shall be made in a record with signatures of representatives of the dispute settlement-guiding agency and the disputing parties.

3. When the service user and service provider reach agreement on dispute settlement, the dispute settlement-guiding agency shall issue a written notice on the end of the dispute. Such notice shall be forwarded directly to the at-law representatives of the two parties.

4. When the service user and service provider cannot reach agreement on dispute settlement, the two parties may initiate a lawsuit at a competent court for settlement in accordance with law.

Article23.- Time limit for guiding the settlement of disputes

The time limit for guiding the settlement of disputes is forty-five (45) working days after the state management agency receives an application for dispute settlement,

Chapter IV

IMPLEMENTATION PROVISIONS

Article 24.- Organization of implementation

1. The Post and Telematics Ministry's chief inspector shall guide and inspect the implementation of this Regulation and, at the same time, sum up biannual and annual results of dispute settlement guidance of state management agencies defined in Article 6 of this Regulation for reporting to the Minister of Post and Telematics.

2. Directors of provincial/municipal Post and Telematics Services, directors and heads of relevant units unde r the Ministr y shall organiz e the implementation of this Regulation and make biannual and annual reports on dispute settlement guidance results under the guidance of the Ministry's Inspectorate.

3. Post, delivery, telecommunications and Internet service providers and users shall strictly implement this Regulation.

4. In the course of implementation, relevant agencies, organizations and individuals should promptly report arising problems to the Ministry of Pos t and Telematic s for consideratio n and amendment or supplementation of this Regulation